Page 64, line 20, leave out from "not" to "or" in line 21 and insert "obtained pursuant to a request under section 7 of the Crime (International Co-operation) Act 2003"

Clause 104

THE BARONESS ANELAY OF ST JOHNS
THE LORD THOMAS OF GRESFORD

195

Leave out Clause 104

Clause 119

THE BARONESS SCOTLAND OF ASTHAL

196

Page 75, line 1, leave out subsection (2)

Clause 125

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

197

Page 77, line 32, leave out "must have regard to" and insert "is under a duty to consider"

Clause 128

THE VISCOUNT COLVILLE OF CULROSS
THE LORD AVEBURY

198

Page 79, leave out lines 5 to 7

199

Page 79, line 8, leave out "racially or religiously aggravated" and insert "aggravated for the purposes of this section by motives directed at a person or group of persons or property associated with such a person or group by reason of hatred of his race, religion or lack of religion, sexual orientation or other identifiable characteristic"

200

Page 79, line 11, leave out subsection (3) and insert

"(3)

In this section an offence within the meaning of "aggravated for the purposes of this section" is an offence where

(a)

at the time of committing the offence or immediately before or after doing so, the offender demonstrates towards the victim of the offence hostility based upon the victim's membership or presumed membership of a relevant group as described in subsection (2) above; or

(b)

the offence is motivated (wholly or partially) by hostility against a person based on his membership or presumed membership of such a group.

(4)

In subsection (3) above

(a)

"membership" in relation to a relevant group includes association with members of that group;

(b)

"presumed" means presumed by the offender.

(5)

It is immaterial for the purposes of paragraph (a) or (b) of subsection (3) above whether or not the offender's hostility is also based, to any extent, on any other factor which does not constitute aggravation for the purposes of this section.

(6)

The maximum sentences provided for in sections 29 to 32 of the Crime and Disorder Act 1998 (c. 37) shall apply to all offences specified therein which are aggravated for the purposes of this section, without being confined to racial or religious aggravation; and the powers of arrest contained in section 31 shall also apply."

THE LORD DHOLAKIA
THE BARONESS HARRIS OF RICHMOND

201

Page 79, line 13, at end insert

"(4)

The Secretary of State will collect and interpret data on reporting of offences which manifest prejudice based on race, religion, disability, sexual orientation, ethnicity or other group characteristic."

After Clause 128

THE BARONESS SCOTLAND OF ASTHAL

201A*

Insert the following new Clause

"Increase in sentence for offence aggravated by reference to disability or sexual orientation

(1)

This section applies where the court is considering the seriousness of an offence committed in any of the circumstances mentioned in subsection (2).

(2)

Those circumstances are

(a)

that, at the time of committing the offence, or immediately before or after doing so, the offender demonstrated towards the victim of the offence hostility based on

(i)

the sexual orientation (or presumed sexual orientation) of the victim, or

(ii)

a disability (or presumed disability) of the victim, or

(b)

that the offence is motivated (wholly or partly)

(i)

by hostility towards persons who are of a particular sexual orientation, or

(ii)

by hostility towards persons who have a disability or a particular disability.

(3)

The court

(a)

must treat the fact that the offence was committed in any of those circumstances as an aggravating factor, and

(b)

must state in open court that the offence was committed in such circumstances.

(4)

It is immaterial for the purposes of paragraph (a) or (b) of subsection (2) whether or not the offender's hostility is also based, to any extent, on any other factor not mentioned in that paragraph.

(5)

In this section "disability" means any physical or mental impairment."

THE LORD DHOLAKIA
THE BARONESS HARRIS OF RICHMOND

201B*

Insert the following new Clause

"Increase in sentences for hate crimes

(1)

In considering the seriousness of an offence which falls under the category of "hate crime" as set out in subsection (2) below, the court

(a)

must treat that fact as an aggravating factor (that is to say, a factor that increases the seriousness of the offence); and

(b)

must state in open court that the offence was so aggravated.

(2)

An offence is to be considered a hate crime for the purposes of this section if

(a)

at the time of committing the offence, or immediately before or after doing so, the offender demonstrates towards the victim of the offence hostility based in the victim's actual or perceived race, religion, gender, disability or sexual orientation; or

(b)

the offence is motivated (wholly or partly) by hostility towards people on the basis of their race, religion, gender, disability or sexual orientation.

(3)

In this section "race" may be defined by reference to race, colour, nationality (including citizenship) or ethnic or national origins."

Clause 136

THE LORD DHOLAKIA
THE LORD THOMAS OF GRESFORD

202

Page 82, line 21, at end insert

"(8)

This section shall not come into effect before the national roll-out of the "custody plus order" under sections 163 and 164."

Clause 137

THE LORD DHOLAKIA
THE LORD THOMAS OF GRESFORD

203

Page 82, line 28, at end insert

"(5)

This section shall not come into effect before the national roll-out of the "custody plus order" under sections 163 and 164."

Clause 138

THE BARONESS SCOTLAND OF ASTHAL

203A

Page 83, line 12, leave out from "18" to first "the" in line 14

THE BARONESS WALMSLEY
THE LORD DHOLAKIA
THE BARONESS SCOTLAND OF ASTHAL